Auckland TC – 13 April 2007 – Race 1

hearingid: 125840c0ac0671d7ec5dc57400a31468

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hearing_racingtype: harness-racing

startdate: 13/04/2007

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decisiondate: no date provided

hearing_title: Auckland TC - 13 April 2007 - Race 1

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Decision:

An information was lodged by Stipendiary Steward Mr JM Muirhead against horseman Mr AG Herlihy alleging that Mr Herlihy used his whip excessively

An information was lodged by Stipendiary Steward Mr JM Muirhead against horseman Mr AG Herlihy alleging that Mr Herlihy used his whip excessively when driving Captain Bushrat over the concluding stages of the race.

Mr Herlihy did not admit a breach of the Rule and did not wish to be present at the Hearing of the Information.

In view of this the Chairman asked Registrar Miss Roebyna Bak to give evidence as to service of the Information and notification to Mr Herlihy of the time and place of the Hearing.

Miss Bak advised the Committee that she had taken the Information to Mr Herlihy and had not only handed it to him but had told him what the charge was. Mr Herlihy signed the Information as he was getting into the sulky to go out and drive in the next race. Miss Bak confirmed that the scrawled signature on the Information was in fact signed by Mr Herlihy. Mr Herlihy confirmed to Miss Bak that he did not admit the breach and he was quite definite that he did not wish to be present at the Hearing.

The Committee is accordingly satisfied that the provisions of Rule 1109(1) of the Rules of Harness Racing have been satisfied.

Miss Bak had also been asked by the Chairman to give Mr Herlihy notice of the time and place of the Hearing. Miss Bak in her evidence confirmed that she had gone to the stables and had spoken to Mr Herlihy and had told him that the Hearing was to be held in the JCA room after Race 4. Mr Herlihy again advised Miss Bak that he did not wish to be present at the Hearing.

The Committee was accordingly satisfied that the provisions of Rule 1106(1) of the Rules of Harness Racing had been satisfied.

Mr Muihead as informant was then asked to give his evidence and he did so principally by use of the video film of the race. We do have the advantage of being able to watch the incident from numerous different angles. Mr Muirhead pointed out the position of Captain Bushrat turning for home and he counted that Mr Herlihy used the whip 21 times from the home turn although the first two or three times appeared to merely flicks with the whip. The Committee however took time to count the number of times that Mr Herlihy used the whip continuously in the straight and counted at least 17 times. The Committee was very careful to view the film on numerous occasions and from the different angles because it is very unusual for someone of Mr Herlihy's calibre to be faced with a charge of this kind.

The Committee has the benefit of the new guidelines for use of the whip under Rule 869(2) those guidelines being dated the 1^st of August 2006. Mr Muirhead advised that the guidelines had been published in the Harness Racing Weekly and were also published on notice boards at the various racetracks around the country.

The guidelines specify among other things the following:

"Subject to the provisions of Rule 869(2) no horseman shall use the whip continuously at any time during a race and there must be distinct pauses between the whip being used or the use shall be interrupted by acceptable alternative actions.".

In this instance the Committee finds that Mr Herlihy has used the whip continuously in the straight 17 times and this is excessive and accordingly we find the charge proven.

Mr Muirhead recommended a fine of $250.00 and we have the benefit of recent statistics for similar charges of this kind. Mr Herlihy has an excellent driving record and it is very unusual for him to be facing a charge of this nature.

In assessing penalty however we do find that the use of the whip 17 times continuously in the straight is well outside the guidelines and is at the upper end of this type of offence.

Taking all matters into account we impose a fine of $300.00 on Mr Herlihy.

BJ Scott

Chairman

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hearing_type: Old Hearing

Rules: 1109.1, 1106.1, 869.2

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raceid: af1f29f764058902b0fdaa54b2e2b46d

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racecancelled: 0

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race_title: Race 1

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meetdate: 13/04/2007

meet_title: Auckland TC - 13 April 2007

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tracklocation: auckland-tc

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name: Auckland TC